Denied Visitation? Exercising Your Parental Rights

Denied Visitation? Exercising Your Parental Rights

As a parent, you have the right to spend time with your child regardless of the relationship status between parents. In many cases, unmarried parents avoid going through the legal process to set up custody agreements, also known as parenting plans. However, down the line, one party may violate the other party’s parental rights by denying them visitation with their child. If this occurs, it’s important to set up a formal parenting time order to exercise your parental rights. 

What Are Your Parental Rights?

As a parent in Illinois, there are certain parental rights legally granted to birth parents. These rights include the legal ability to make decisions about a child’s upbringing, the right to pass inheritance to a child, and the right to physical custody, which includes reasonable visitation and contact with the child. The lattermost condition of parenthood is unfortunately frequently violated by a co-parent when there is no formal legal parenting plan in place. If the other parental figure in your child’s life is preventing you from exercising your parental rights, it’s crucial to reach out to an experienced attorney to have a formal parenting plan created. 

What’s the Point of a Parenting Plan?

A parenting plan helps ensure that you can exercise your parental rights. In cases of relationship separation and the birth of extra-marital children, parties might not initially wish to pursue legal action to create a parenting plan. However, without one, there is no guarantee that both parents will have equal allocation of the child’s time and upbringing. This is often due to denied visitation from one parent to the other. For reasons as such, a legal parenting plan is the best way to protect all involved parties. 

When a court-ordered custody arrangement or parenting plan is in place, the terms of co-parenting are outlined in a legally binding document. If those terms are violated, repercussions for the violating party may occur. Such repercussions may include but are not limited to holding the parent in contempt of court, suspending child support payments, or modifying the custody order to grant sole parental responsibilities to the other parent. If your already-in-place parenting plan was violated, it’s important to reach out to an attorney who can support you in filing a motion for contempt of court. 

Getting a Legal Custody or Parenting Time Order

The process for getting a legal custody or parenting time order can be complex. For this reason, it could be beneficial to hire a lawyer to walk you through everything you need for your case. Requirements for a compelling custody case include demonstrating a suitable and safe location for the child to sleep and determining how this arrangement would benefit the child. Documenting all evidence that would strengthen your case is essential to getting a favorable parenting time order. 

Work With a Child Custody Lawyer

If you have been denied parenting time (visitation) with your child, either with or without a court-appointed order, it could be beneficial to work with an experienced child custody lawyer today. They can help review your case or application for a parenting plan. The attorneys at SAM LAW OFFICE LLC are knowledgeable and will support you throughout your entire legal process. To request a free consultation with SAM LAW OFFICE LLC, contact us today.